[HISTORY: Adopted by the Town Board of the Town of Highland
by L.L. No. 9-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 190.
This chapter is adopted pursuant to Article 9, § 130,
Subsection 17, of the New York State Town Law, Regulation of
Vessels, and the Municipal Home Rule Law. It shall be known and cited
as the "Boating Law of the Town of Highland."
The intent of this chapter is to safeguard the health, safety
and welfare of the inhabitants of the Town by establishing requirements
for safe boating on all public waterways of the Town of Highland.
The Town of Highland shall enforce the New York State Navigation Law
to its full extent and additional regulations as hereinafter provided.
As used in this chapter, the following terms have the definitions
hereinafter given them:
Any mechanically propelled vessel, including personal watercraft.
[Amended 7-14-2009 by L.L. No. 4-2009]
An individual, society, club, firm, partnership, corporation
or association of persons, the singular including the plural.
Any motorized craft, sat or stood upon, such as jet-skis,
wave-runners, sea-dos, with the capability to transport one or more
individuals across water at a rate of speed in excess of 20 miles
per hour.
Any body of water, including but not limited to lakes, ponds,
streams, rivers or brooks, which shall be wholly located within the
boundaries of or adjoin the Town of Highland.
The inability, because of darkness, fog or other view factors,
to obtain a clear view by eyesight at least 750 feet straight ahead
or to the opposite shoreline if one is standing on shore, whichever
shall be greater.
Any floating craft of three feet or more in length which
is used for navigation in or on the water.
Anything with a rider (water skis, surfboards, knee boards,
wake boards, discs, tubes or hydrofoils) being towed behind a powered
vessel by means of a towrope or towline except another vessel.
A.
Water-skiing.
(1)
All operators of power vessels towing ski or aquaplane riders shall:
(a)
Keep at least 300 feet from shore, pier, bridge structure, abutment,
other vessels or other persons in the water.
(b)
Have an observer at least 12 years of age physically on board.
Mirrors or other substitute measures or visual apparatus shall not
be acceptable.
[Amended 7-14-2009 by L.L. No. 4-2009]
(c)
Have a towline not exceeding 75 feet in length.
(2)
No water-skiing or aquaplaning shall be permitted between sunset
and 8:00 a.m. or during times of restricted visibility.
(3)
All skiers shall wear a United States Coast Guard approved Type II,
III or Type V hybrid personal flotation device.
[Amended 7-14-2009 by L.L. No. 4-2009]
B.
Personal watercraft.
[Amended 7-14-2009 by L.L. No. 4-2009]
(1)
All operators of personal watercraft shall:
(a)
Not operate said apparatus in such a manner so as to become
airborne or completely leave the water while crossing the wake of
another vessel (wake-jumping).
(b)
Not operate in any manner or at any speed which is reckless,
unsafe or hazardous to public safety, giving due regard to visibility,
traffic density, state of wind, water and current, proximity of other
craft, operators and water users, and proximity of navigational hazards.
(c)
Except when leaving or arriving at a docking area or pier, keep
at least 300 feet from any marina, bridge, structure, dock, raft,
float, other vessels or any enclosed swimming areas; though personal
watercraft may travel together in a safe and reasonable fashion.
(d)
Keep at least 300 feet from swimmers or public and private beaches
except for leaving or arriving at a marina, private dock, or shoreline,
in which case the personal watercraft shall operate at a speed no
greater than five miles per hour, without creating a wake, in a line
which is perpendicular to the destination or departure.
(2)
No personal watercraft operation shall be allowed between sunset
and 8:00 a.m. or during times of restricted visibility.
(3)
All operators and riders of personal watercraft shall wear a United
States Coast Guard approved Type II, III or Type V hybrid personal
flotation device.
C.
Motorboats. No person shall operate a motorboat at above idle speed
between sunset and 8:00 a.m. or during times of restricted visibility.
D.
General regulations.
(1)
No cabin cruisers or watercraft exceeding 20 feet in length shall
be permitted with the exception of deck, pontoon and sail boats which
do not create significant wakes.
(2)
No person shall enclose a swimming area of more than 50 feet from
the shore without permission from the Town of Highland.
(3)
Boats directly approaching each other shall pass to the right of
each other, and sailboats shall always have the right-of-way.
(4)
All boats must include at least one life preserver meeting the standards
contained herein for each person on the boat as well as a signaling
device and fire extinguisher.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5)
No motorboat or personal watercraft shall be operated using zigzag
or donut pattern maneuvers.
(6)
Parasailing, where an individual is towed on skis by a motorboat
or personal watercraft, with a parachute device attached to achieve
air lift, is strictly prohibited.
[Amended 7-14-2009 by L.L. No. 4-2009]
(7)
Towing operations shall be strictly in accordance with the provisions
of the New York State Navigation Law.
(8)
No plastic or vinyl rafts shall be allowed outside of designated
swimming areas.
A.
All motorboats and personal watercraft owned by rental businesses
shall be officially registered with the State of New York and marked
with six-inch-high identification insignia including the name of the
rental company and number on both sides of the watercraft, except
in those cases where the State of New York shall require a different
standard.
B.
No motorboat or personal watercraft shall be rented to a person who
is less than 18 years of age. The owner of such rental business shall
obtain identification from the would-be renter in the form of a driver's
license or other alternate form of identification containing the name
and address of the would-be renter. The license or alternate form
of identification shall be held as a deposit by the owner of the rental
business until the return of the personal watercraft or motorboat
to the owner. Each owner of such rental business shall maintain a
daily log of all rentals made by the rental business. No person other
than a renter shall operate a rental motorboat or personal watercraft.
C.
Personal watercraft and motorboats shall not be rented between the
hours of 5:00 p.m. and 10:00 a.m., except for fishing boats operating
with a motor of less than 10 horsepower and pontoon boats. Personal
watercraft rented prior to 5:00 p.m. shall be off the water no later
than 6:00 p.m.
D.
The owner of each rental business shall provide information to the
operator of any motorboat or person watercraft rented regarding the
manner in which it is to be operated, which information shall be in
accordance with the manufacturer's instructions and design. Such
course of instruction shall also be fully consistent with the boating
safety instruction requirements adopted by the State of New York for
personal watercraft. After January 1, 2003, all persons renting personal
watercraft shall be required to possess boating safety certificates.
The owner of the rental business shall also obtain the signed consent
of any operator of a motorboat or personal watercraft that he or she
has reviewed and understands these written instructions. These instructions
shall be provided on a laminated card permanently affixed to the motorboat
or personal watercraft in a location which is easily visible to the
operator and shall include a summary of the foregoing rules of operation
as well as such other information as the Town Board of the Town of
Highland shall from time to time specify by resolution. Failure to
so instruct each renter of said requirements shall subject the owner
of a rental business to a violation of this chapter.
E.
Each rental business owner shall have a patrol boat available at
all times a motorboat or personal watercraft is rented out.
F.
All rental operations shall require a special use permit pursuant
to the Town of Highland Zoning Law[1] and shall not be permitted to operate without first obtaining
said permit regardless whether or not any building construction is
involved. Any existing operations which were lawfully established
pursuant to the Town of Highland Zoning Law prior to the enactment
of this chapter shall comply with all operational aspects of this
chapter within 30 days of the effective date as provided herein. All
rental sites shall be located on shore and no rental business shall
be permitted more than one location serving any water body.
G.
All operators of motor boats and personal watercraft owned by rental
businesses shall be provided with and utilize personal flotation devices
as required above. Such personal flotation devices shall be clearly
marked in easily readable contrasting colors to identify the fact
the equipment being operated is a rental.
H.
After January 1, 2003, no personal watercra`ft using a two-cycle
engine shall be permitted on the public waterways of the Town of Highland.
In the interests of the public health, the prevention of disease,
the elimination of pollution and the exclusion of contamination of
the water and in order to protect and safeguard the sanitation of
bathing, as well as the general health of the citizens, residents
and visitors of the Town of Highland, no person shall dump or discard
garbage, food wastes, offal or any other waste, refuse, or sewage
materials into any of said waters.
The provisions of this chapter shall be enforced by the Town
of Highland Town Constable and/or other law enforcement agencies as
shall be appointed by the Town of Highland Town Board.
Any violation of this chapter is hereby declared to be an offense
and shall render the violator or, if applicable, the owner of the
land or the lessee, tenant or occupant, if his responsibility is fixed
by contractual agreement, liable to a fine not to exceed $250.
A.
Each and every day that any such violation continues after notification
that such violation exists shall constitute a separate offense. Such
notice shall be written by the Code Enforcement Officer and shall
be served either by certified mail or by an appearance citation to
the court, of courts appropriate jurisdiction, including the court
of the Town Justice.
B.
Should there be a conflict or provision between this chapter and
any other local or state rules, regulations, codes or laws the more
restrictive shall apply.
